So sweet, so sour: a commentary on the Nigerian High Court's decision in Georgina Ahamefule v Imperial Hospital and Another relating to the rights of persons living with HIV

Abstract

The purpose of this article is to assess the decision of the Nigerian High Court in the Ahamefule case. While the case would seem to be a victory for people living with HIV in the country, it left some important questions unanswered. First, the article gives the facts of the case and the Court’s decision. It then questions the reasoning of the Court in this case. The article argues that the decision merely gives people living with HIV false hope in realising their rights. It argues further that, apart from the fact that the decision lacks in-depth analysis, it also misses a great opportunity to address an important issue relating to the right to non-discrimination of people living with HIV. The article concludes by arguing that the supposed ‘sweet victory’ in the Ahamefule case has left ‘a sour taste’ in our mouths, since it does not in the true sense advance the rights of people living with HIV in the country.